Page 2063 - Week 07 - Thursday, 23 August 2007
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prescribe the advice that an entity may give if the entity is required by the Building Act to give advice on an application for building approval under that act.
Amendment 10 changes the phrase “as prescribed under section 21 (1) (b)” to “as prescribed by regulation” in proposed new section 36A (1) (a) of the Building Act. Amendment 11 is a consequence of amendment 10 which makes reference to section 21 (1) (b) redundant. Amendment 12 is also a consequence of amendment 10.
Amendment 13 ensures that the bill’s proposed section 43 (2) (b) (ii) of the Building Act relates not only to a referral entity’s advices but also to consents of referral entities and consultations with referral entities. Amendment 14, in conjunction with other proposed amendments to the bill, provides a system to resolve an anomaly in relation to section 50 of the Building Act. It also clarifies the intent of section 44 of the Building Act.
Amendment 15 inserts clause 1.38A into the bill. It addresses the fact that although a building certifier is required to give documents about consultation and consents obtained from referral entities, the Building Act deems certain consultations and consent to have taken place or to have been given if the specified time has expired.
Amendment 16 corrects a cross-reference in the proposed new section 48 (2) (b) of the Building Act. Amendment 17 addresses concerns raised from consultation on the bill’s proposed new section 48 (2) (h) of the Building Act. The concerns relate to the need for a certifier to specify which relevant subsection of section 69 applies to the relevant building work.
Amendment 18 inserts proposed new clause 1.41A into the bill. It is to cater for a deficiency in the Building Act where the ACT Construction Occupations Registrar is required to issue a certificate that certain building work complies with the relevant requirements of the act under section 72. However, the act is silent on how the registrar can determine if the work complies.
Amendment 19, in conjunction with other proposed amendments to the bill, resolves an anomaly in section 50 of the Building Act which requires a building certifier to notify government about certain non-compliant building work unless the work is brought into compliance within a reasonable time period. Amendment 20 proposes new sections 50 (3) (b) and 50 (3) (c) of the Building Act to establish the administrative system to support the 21-day notification period arrangements mentioned in clause 18 of the bill.
Amendment 21 ensures a consistent use of common terms. It amends the bill’s proposed section 53 (5) of the Building Act. Instead of mentioning the term “stop work notice”, it mentions the term “stop notice”. Amendment 22 is in respect of the proposed note 1 under section 54 (2) of the Building Act and is again to ensure consistent use of the term “stop notice”. Amendment 23 is in respect of section 54 (4) of the Building Act and also ensures consistent use of the term “stop notice”. Amendment 24 makes consequential amendments to a cross-reference in the bill’s proposed section 62 of the Building Act.
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